Indiana Feral cats win in Indy area court case

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Permission to CROSS POST!! Here is one for the kitties!!! "wexlin" neakit Wed, 7 Mar 2007 01:46:39 GMTFeral cats win in Indy area court caseHere is the article in the Indy Star about the court case between the Panthers football player and the lady who had TNR'd feral cats. The article talks about what the judges decision was based upon and the Hamilton Co. TNR/feral cat ordinance. Indy Ferals maintains the feral cat colony caretakers/registrations of feral cats/colonies (not animal controls, humane societies or shelters in the area). In the central IN area where TNR ordinances have been passed (Indianapolis, Speedway, Hamilton Co., Richmond, Bloomington, some others); it is illegal to feed feral

cats unless they are s/n, and then sheltered, fed, watered after release in the neighborhoods. Indy Ferals works with animal control, going on feral cat runs, to find feeders who have not done TNR. Indy Ferals has various grants for free s/n in economically depressed areas and for those with low incomes. Feeders are given a choice to let Indy Ferals help them with TNR or having Animal control confiscate/trap the cats. I personally feel it would be great if every town/county would adopt the same ordinances for feral cats. LanaHere is the article: NFL player loses court case over catsPunter wanted flight attendant to pay for damage caused by feral felinesBy James A. Gillaspyjames.gillaspy Noblesville -- A woman who fed and watered a family of four wild cats living under her neighbor's house does not have to pay for their

damage to his crawl space.In ruling against Carmel resident and Carolina Panthers punter Jason Baker, Judge Wayne A. Sturtevant said Helen Middleton was neither negligent nor responsible as caretaker for the feral cats.The judgment last week rejects Baker's claim for the $2,000 it cost to replace crawl space insulation torn down by the cats and a vapor barrier covered with cat urine and feces."Although judgment is entered here for the defendant," Sturtevant said in a postscript to his application of existing law, "the court finds that both parties came to the courtroom with legitimate concerns and supportable positions. . . ."The conflict between property rights and animal rights has raged in Indiana since the first prairie farmer endured animal attacks on his livestock, and this case is simply the latest, and will not be the last, spawned by that conflict."In this case, Baker, a professional football

player who grew up in Fort Wayne, claimed Middleton, a flight attendant, either owned the cats or was their responsible guardian.Middleton testified that she was merely the legal caretaker for the mother cat and three kittens, and that she had warned Baker's roommate that they were living on his property when she first saw them in May 2005.In ruling for Middleton, Sturtevant agreed that she had nourished the animals on her property in compliance with a Hamilton County ordinance.The ordinance offers protections for feral cats and residents who tend to them.Specifically, Middleton had met the law's requirement that caretakers must neuter feral cats to prevent further reproduction. She also had registered the feral cat colony with authorities."My understanding was that if I register the colony that I do not assume responsibility," she testified.Sturtevant agreed.The judge attached no significance to a

Carmel city ordinance Baker relied on to support his claim that Middleton had allowed her cats to run wild and defecate on his property.Sturtevant noted that the ordinance did not specifically address the issue of feral cats, and that evidence did not show Middleton to be the "person responsible" for the cats under the language in the ordinance.Call Star reporter James A. Gillaspy at (317) 444-2608.

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